Establishment of a 12-Member Committee by Maharashtra Government

On March 21, 2025, the Maharashtra government issued a Government Resolution (GR) announcing the formation of a 12-member committee tasked with formulating guidelines to regulate the operations of spas, massage centres, therapy, and wellness centres across the state. This initiative includes addressing the practice of 'cross-gender' massages. The committee is chaired by the Additional Chief Secretary of the Home Department, with members from various departments such as Urban Development, Rural Development, Public Health, Medical Education, Law and Justice, and representatives from health services and AYUSH. 

Background: Legal Challenges and the Need for Guidelines

The decision to establish this committee stems from legal challenges faced by spa and massage centre operators. A group of 11 therapists had petitioned the Bombay High Court, alleging harassment and humiliation by police actions, including raids and charges under the Immoral Traffic (Prevention) Act, 1956. They contended that such actions infringed upon their rights to livelihood, dignity, and equality. ​

Advocate General's Position on Cross-Gender Massages

During court proceedings, Advocate General Dr. Birendra Saraf indicated that the state had no objections to permitting cross-gender massages in spa centres. He emphasized the importance of framing appropriate guidelines to balance public interest with the rights of spa owners and therapists. Dr. Saraf also referenced the Delhi High Court's stay on a clause prohibiting cross-gender massages, suggesting that such prohibitions may not be suitable in contemporary times. 

Court's Recommendations for Inclusive Representation

The Bombay High Court, while acknowledging the formation of the committee, recommended the inclusion of masseurs, spa professionals, and other stakeholders to provide insights into the challenges faced by the industry. Justice Revati Mohite-Dere emphasized the importance of incorporating perspectives from those directly involved in the profession. Additionally, Justice Neela Gokhale highlighted the necessity of ensuring female representation within the committee to address gender-specific concerns effectively. 

Comparative Context: Policies in Other Regions

The issue of cross-gender massages has been a topic of regulatory focus in other regions as well. For instance, in October 2021, the South Delhi Municipal Corporation (SDMC) implemented a policy prohibiting cross-gender massages in spa centres. This policy mandated separate sections for male and female clients and restricted operational hours between 9 am and 9 pm. Additionally, new spa centres were barred from opening in residential areas, and stringent requirements such as police verification of owners and mandatory ID checks for customers were introduced. ​

Implications for Spa and Wellness Industry in Maharashtra

The establishment of the committee signifies a proactive approach by the Maharashtra government to regulate the spa and wellness industry comprehensively. By formulating clear guidelines, the state aims to protect the rights of therapists and spa owners while ensuring public safety and addressing concerns related to illegal activities. The inclusion of diverse stakeholders in the committee is expected to result in balanced and practical regulations that reflect the industry's realities.​

Conclusion

The Maharashtra government's initiative to form a 12-member committee for regulating spa and massage centres, including the aspect of cross-gender massages, reflects a commitment to establishing a structured and fair operational framework. This move seeks to harmonize the interests of professionals within the industry with societal norms and legal standards, potentially serving as a model for other regions grappling with similar regulatory challenges.

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